Impaired Engineering

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2025-07-21 12:42
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It was unethical for Engineer A to not report Engineer B, in spite of the fact that Engineer A and Engineer B were friends.It was unethical for Engineer B to continue work in an impaired state in which he could not competently perform engineering design, could not guide and direct his subordinates, or properly review their designs or drawings.Engineer Intern C’s complicity in helping Engineer B to continue work was unethical.Engineer A was obligated to report Engineer B to the proper authority, in this case the State Board. As Engineer B’s friend and with Engineer B’s approval, once the matter was reported to the Board, it would have been permissible for Engineer A to help cooperatively identify a temporary practice management alternative that supported the professional and ethical practice of engineering work in Engineer B’s business, until Engineer B returned to full duty.Given his direct knowledge of the situation, Engineer R, like Engineer A, was obligated to report Engineer B to the proper authority, in this case the State Board. If Engineer A did the reporting as noted above, Engineer A’s report could be styled to indicate Engineer R’s concurrence.

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The primary issues of this case are the competency and professional actions of Engineer B, Engineer Intern C’s apparent complicity in the matter, the “compassion” of Engineer A and any subsequent actions by Engineer A, and the ethical obligations of Engineer R. The critical assessment of Engineer B’s competency and professional actions is overriding and will lead to other required determinations. The evaluation of this issue can be determined by separate facts. The facts are that Engineer B suffered a stroke and was unable to adequately direct and review engineering designs and drawings being prepared under his signature and seal. While suffering a stroke by itself was not an ethical problem, the fact that Engineer B chose to sign and seal design drawings without proper review while impaired by this stroke was a problem. The BER has not previously examined competence as it relates to mental health; however, the facts in this case make the determination of [non]competence straightforward. Engineer B violated Section II. 2. of the code because he affixed his signature and seal to documents prepared without his direction or control. This also shows Engineer B was practicing in violation of the state licensure law (Section III.8.a). The Board further notes that Engineer B’s actions were in violation of NSPE’s Position Statement No. 10-1778: Responsible Charge which states: “The professional engineer in Responsible Charge is actively engaged in the engineering process, from conception to completion. Engineering decisions must be personally made by the professional engineer or by others over which the professional engineer provides supervisory direction and control authority. Reviewing drawings or documents after preparation without involvement in the design and development process does not satisfy the definition of Responsible Charge.” The actions of Engineer Intern C should be evaluated as well. Granted, Engineer Intern C is not yet a licensed professional enginee...

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Engineer A owns a consulting engineering firm specializing in civil engineering and surveying services associated with land development. Business has been very successful, so much so that Engineer A has taken steps to expand the business. Among other things, Engineer A purchased land for a new office building, he retained an architect, and he retained Engineer B, his friend and a structural engineer consultant, to perform the structural design.Construction drawings were completed, permits were issued, a contract was let, and the contractor began construction of the new office building – which included a basement. However, early during the process of constructing the basement there was a significant structural failure. While observing the failed system, Engineer A noticed what he believed was “odd” structural bracing and other questionable structural details. To obtain a second opinion about the failure, Engineer A retained a well-respected structural engineer, Engineer R, to perform an independent review of the structural drawings and the failed basement structure.Engineer R’s review revealed a surprising number of serious structural design errors, omissions, and faulty details, not only for the failed basement, but also for the portions of the structure that had not been built yet. Engineer A retained Engineer R to completely redesign the structure.As a professional courtesy, and because he considered Engineer B a personal friend, Engineer A met privately with Engineer B and confronted him with the faulty design, including Engineer R’s report. At this meeting, Engineer B divulged he had suffered a stroke a few months prior. Being the only licensed professional engineer in his firm, for financial and other reasons, Engineer B felt he could not afford to suspend work or close his office. Rather, Engineer B’s wife took over management of the business, and Engineer B delegated practically all design work to Engineer Intern C, a graduate engineer employee with about two...

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Was it ethical for Engineer A to not report Engineer B?Were Engineer B’s actions ethical?Were Engineer Intern C’s actions ethical?What are Engineer A’s further ethical obligations under these circumstances?What are Engineer R’s ethical obligations?

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I.1. Hold paramount the safety, health, and welfare of the public. Subject Reference Duty to the Public II.1.e. Engineers shall not aid or abet the unlawful practice of engineering by a person or firm. Subject Reference Unethical Practice by Others II.1.f. Engineers having knowledge of any alleged violation of this Code shall report thereon to appropriate professional bodies and, when relevant, also to public authorities, and cooperate with the proper authorities in furnishing such information or assistance as may be required. II.2. Engineers shall perform services only in the areas of their competence. II.2.b. Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control. Subject Reference Competence Signing Plans/Documents III.7. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action. Subject Reference Public Statements and Criticism Unethical Practice by Others III.8.a. Engineers shall conform with state registration laws in the practice of engineering. Subject Reference Licensure Laws
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D-tuple Component Breakdown

73

Total Entities

9/9

Components Populated

9/9

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Roles R
w=0.12 384D
Engineer A Consulting Engineer
Owns the consulting firm, discovered the structural failure, confronted Engineer B privately with the faulty design...
Engineer A Building Client
Commissioned the new office building, retaining an architect, Engineer B for structural design, and later Engineer R...
Architect for Office Building
Retained by Engineer A for the new office building project.
Engineer B Structural Design Consultant
Retained by Engineer A to perform the structural design of the office building; after suffering a stroke he...
Engineer R Redesign Engineer
After his review revealed serious design errors, Engineer R was retained by Engineer A to completely redesign the structure.
Engineer B Wife Business Manager
Took over management of Engineer B's firm after his stroke, without performing or being responsible for the engineering work.
State Board Licensing Authority
The statutory licensure body to which Engineer A did not report Engineer B, because of their long friendship and...
Board of Ethical Review Adjudicator
The Board of Ethical Review authors this discussion, determining that Engineer B violated Section II.2 and Section...
Engineer Intern C Structural Designer
Performed practically all of the structural design and developed the construction drawings for Engineer A's building...
Contractor Office Building Builder
Began construction of the new office building including the basement, where the significant structural failure...
Engineer B Sealing Engineer
As the only licensed professional engineer in his firm, signed and sealed the construction drawings prepared by...
Engineer R Reviewing Structural Engineer
Retained by Engineer A to independently review the structural drawings and the failed basement structure; his review...
12 entities
Principles P
w=0.2 384D
Responsible Charge in Sealing Drawings
Engineer B, the only licensed professional engineer in his firm, signed and sealed construction drawings that...
Public Welfare in Reporting Violations
The Board cites Section I.1 and its consistent position that whenever violations of the Code or issues of public...
Competence in Delegated Structural Design
After his stroke, Engineer B delegated practically all structural design and drawing development to Engineer Intern...
Professional Accountability for Faulty Design
Engineer A confronted Engineer B privately with the faulty design and Engineer R's report, and at that meeting...
Professional Dignity in Friendship Consideration
The Board notes that Engineer A, with Engineer B's knowledge and approval, could have privately discussed the matter...
5 entities
Obligations O
w=0.15 384D
Engineer A State Board Reporting Duty
Engineer A must report Engineer B's impaired and deficient professional practice to the State Board after...
Engineer R Conditional Reporting Duty
Engineer R is obligated to report Engineer B to the State Board under Section II.1.f, unless Engineer A takes the...
Engineer Intern C Licensure Conformance Duty
Engineer Intern C shall conform with the state licensure law and shall not continue delivering engineering design...
Engineer B Sealed Drawing Review Duty
Engineer B, as the sealing engineer in responsible charge, must review the structural design and construction...
Engineer B Competent Practice Duty
Engineer B must perform structural design services for Engineer A's building only while competent to do so, rather...
Engineer Intern C Reporting Duty
Engineer Intern C, having knowledge of Engineer B's impaired condition and the improper sealing arrangement, shall...
Engineer B Licensure Conformance Duty
Engineer B shall conform with the state licensure law, including its responsible charge requirements, when signing...
Engineer A Violation Reporting Duty
Engineer A shall report Engineer B's Code violations and unlawful practice to the appropriate professional body, the...
8 entities
States S
w=0.1 384D
Drawings Sealed With Little Review
Engineer A Defect Suspicion
Intern C Without Supervisory Review
Engineer B Licensure Law Violation
Engineer B Post-Stroke Impairment
Engineer B Financial Pressure
Intern C Pre-Licensure Design Work
Confirmed Structural Design Errors
Faulty Structural Design Delivered
Intern C Awareness of Impairment
Engineer B Violation Unreported
Cooperative Practice Alternative Availability
Friendship Versus Reporting Conflict
Engineer R Informed of Impairment
14 entities
Resources Rs
w=0.1 384D
Engineer R's Report
NSPE Code of Ethics
BER Case 17-7
State Engineering Practice Act
NSPE Position Statement No. 10-1778
BER Case 15-2
6 entities
Actions A
w=0.1 384D
Complicit Cooperation
Private Confrontation
Reporting Omission
Structural Consultant Retention
Continued Practice While Impaired
Independent Review Retention
Delegation and Unreviewed Sealing
Redesign Retention
8 entities
Events E
w=0.08 384D
Stroke Onset
Permit Issuance
Drawings Completion
Basement Structural Failure
Design Error Discovery
Impairment Disclosure
6 entities
Capabilities Ca
w=0.07 384D
Engineer R Structure Redesign
After his review revealed serious design errors, Engineer R was retained by Engineer A to completely redesign the...
Engineer R Structural Design Review
Engineer R exercised the competence to judge design adequacy by performing an independent review of the structural...
Engineer A Deficiency Recognition
Engineer A noticed the odd structural bracing and questionable details in the failed system and later learned of...
Engineer A Independent Review Diligence
Engineer A gathered the evidence needed for a sound conclusion about the failure by retaining Engineer R for a...
Engineer A Peer Confrontation Disclosure
Engineer A exercised the competence to communicate material findings by privately confronting Engineer B with the...
Engineer R Reporting Disclosure
Engineer R's conditional duty to report Engineer B to the State Board under Section II.1.f, or to concur in Engineer...
Board of Ethical Review Normative Assessment
The Board of Ethical Review identifies and applies the governing NSPE Code sections, the state licensure law, and...
Board of Ethical Review Precedent Reasoning
The Board of Ethical Review reasons analogically from BER Case 15-2 and BER Case 17-7 to support its determinations...
Engineer Intern C Reporting Disclosure
Engineer Intern C's duty under Section II.1.f to report Engineer B's violation, having full knowledge of Engineer...
9 entities
Constraints Cs
w=0.08 384D
Engineer B Seal Without Review Prohibition
Engineer B must not sign and seal structural construction drawings that were not prepared under his direction and...
Engineer A Violation Concealment Bar
Engineer A must not ignore or conceal Engineer B's Code violations and unlawful practice, and may not justify doing...
Engineer B Impaired Practice Boundary
Engineer B must not continue to hold out and deliver structural engineering design services beyond his demonstrated...
Engineer A Aiding Unlawful Practice Bar
Engineer A must not aid or abet Engineer B's unlawful practice of engineering, including by ignoring or acquiescing...
Engineer A Reputation Injury Bar
Engineer A must not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation,...
5 entities
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